Third National Bank v. Strauss

The administrators upon the estate of Max Simons, deceased, filed a petition against the creditors of the estate, alleging its insolvency, the insufficiency of the assets to pay in full-the' demands of note creditors and open-account creditors, and further that certain of the account creditors were claiming that in the distribution of the estate their accounts were liquidated and should rank as notes. The prayers, among others, -were that all creditors be required to interplead, and that the court give direction relative to the rank of the several claims and the way in which they should be…